Rishi Kanaujia v. State of U.P. Thru. Prin. Secy. Home Govt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12529 of 2023 Applicant :- Rishi Kanaujia Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko Counsel for Applicant :- Sudhaker Prakash Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sudhakar Prakash, the learned counsel for the applicant as well as Sri Akhhilesh Kumar Vyas, the learned AGA for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 212 of 2023, under Section 395/ 420/ 412/ 467/ 468/ 471/ 34 I.P.C., registered at Police Station Bakshi Ka Talab, District Lucknow.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 21.06.2023, alleging that four persons riding a four wheeler vehicle had robbed Rs.10 lakh from the informant, while he was going to Sidhaulli in his car.

¶4The police claimed to have arrested seven persons on the basis of information received from a mukhbir on 22.06.2023 and to have recovered Rs.23,55,000/- from them. It is alleged that Rs.1 lakh were recovered from the applicant. The recovery memo further states that no person witnessed the recovery proceeding.

¶5In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

¶6On the basis of same recovery, the applicant was implicated in another case bearing case crime no.91 of 2023 under Sections 395, 412, 420, 467, 468, 471, 34 I.P.C. registered at Police Station Naka Hindola, District Lucknow in which the applicant has been granted bail means of an order dated

18.10.2023.

¶7Learned counsel for the applicant has submitted that the other three co-accused Rakesh Kumar Parekh @ Rakesh Kumar Purohit, Akash Gautam and Mohd. Javed have been granted bail by means of orders dated 09.08.2023, 19.09.2023 and

19.10.2023 passed by this Court in Criminal Misc. Bail Application Nos. 10042 of 2023, 1128 of 2023 12062 of 2023 respectively.

¶8The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶9Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged recovery has not been witnessed by any person and that one co-accused person from whom similar recovery was made has already been granted bail and without making any observations which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail.

¶10Accordingly, this bail application stands allowed.

¶11Let the applicant-Rishi Kanaujia be released on bail in Case Crime No. 212 of 2023, under Section 395/ 420/ 412/ 467/ 468/ 471/ 34 I.P.C., registered at Police Station Bakshi Ka Talab, District Lucknow on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the

trial

court.

. [Subhash Vidyarthi, J.] Order Date :- 19.10.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench